ABSTRACT
This chapter considers the law of mistake and examines the extent to which the Indian Penal Code (IPC) measures up in this area. Macaulay's draft of the IPC was completed in 1837 and the IPC itself was enacted in 1860 after further revision by the Indian Law Commission. The question of whether the mistake was reasonable in the circumstances, or whether the accused deserved the benefit of the mistake, should not arise. Cf. G. P. Fletcher, Rethinking Criminal Law. At common law, it is generally accepted that an honestly held mistake of fact may negate mens rea. The Supreme Court of Canada relied on the Australian development of the honest and reasonable mistake defence for strict liability crimes, and extended that defence to include due diligence. The General Clauses Act 1897 (GCA) in India, on the other hand, defines the term differently: A thing shall be deemed to be done in good faith where it is in fact done honestly.
